Rajwinder Singh And Another v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 09.11.2020.
Rajwinder Singh and another .....Petitioners Vs.
State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN
Present:
Mr. P.K.S.Phoolka, Advocate, for the petitioner. Mr. Ramandeep Sandhu, Sr. DAG, Punjab.
Mr. Piyush Sharma, Advocate, for the complainant. ALKA SARIN, J. (ORAL) Heard through video conferencing.
The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioners in FIR No.76 dated 19.04.2018 under Sections 420, 465, 467, 468, 471, 120B of the Indian Penal Code, 1860 and Section 3, 12 of the Passport Act, 1967 registered at Police Station Civil Lines Bathinda, District Bathinda. The allegations in the present case are that the petitioners formed a company in the name of M/s A-1 ONE Farming India Ltd. and made members of the public invest money in their company on the promise that they would earn exorbitant rate of interest. The petitioners are alleged to have usurped an amount of Rs.2 crores.
In compliance of the orders passed by this Court, learned counsel for the respondent has placed on record the DDR No.006 dated 19.01.2019 entered in FIR No.76 dated 19.04.2018 registered under Section
-2120-B and 420 IPC registered at Police Station Civil Lines Bathinda to show that the petitioners had forged documents in different names and prepared passports to escape from the Country regarding which DDR No.006 dated 19.01.2019 was entered in FIR No.76 dated 19.04.2018. Learned counsel for the petitioners has sought to place on record a copy of the affidavit of Baggi Kaur, wife of petitioner No.1, by way of CRM-26896 of 2020 to contend that the said petitioner is the owner of four acres of land situated at village Bandi, District Bathinda and that in case he misuses the concession of bail granted to him, his property would be liable to be confiscated.
Mr. Sandhu, Sr. DAG, appearing on behalf of the State has referred to the short affidavit filed by Ravinder Pal Singh, Superintendent Jail, Ferozepur wherein the details of cases pending against the petitioners have been given. The custody certificate also produced by Mr. Sandhu, which has been shared with the VC Coordinator via email (printed and retained on the record), reveals that there are three other FIRs and three complaint cases are pending against the petitioners. I have heard learned counsel for the parties. In the present case, the allegations against the petitioners are that they formed a company in which they lured the public to invest on the promise of earning exorbitant interest. The copy of the DDR, which has been produced by the learned counsel for the complainant, also reveals that there are allegations against the petitioners of having forged documents which include passports, aadhar card, ration card, pan card etc. The allegations against the petitioners are of having duped the general public of
-3over rupees two crores. The counsel for the petitioners was not in a position to deny that there are other cases pending against the petitioners and that DDR No.006 dated 19.01.2019 was entered in FIR No.76 dated 19.04.2018 for allegedly having forged documents in order to try and escape the Country.
Keeping in mind the conduct of the petitioners as well as the other cases pending against the petitioners which are also for similar offences, I do not find this to be a fit case for grant of regular bail to the petitioners.
Dismissed.
It is, however, made clear that any observation made herein shall not be taken as an expression of opinion on the merits of the case. November 09, 2020 (ALKA SARIN) tripti JUDGE NOTE:
Whether speaking/non-speaking: Yes/No Whether reportable: Yes/No